From Property to Protected Companion: Pets under Family Law in Australia

Historically, Australian family law regarded pets the same way it did household goods—like furniture or cars. When couples separated, the ownership of a dog or cat was decided according to property division rules, focusing solely on factors such as who paid for the animal or whose name appeared on registration documents. The law offered no special recognition of the emotional bond people share with their pets, nor for how pets could unfortunately be used to perpetrate family violence towards an individual, either directly or through threats.

However, in late 2024, Parliament passed the Family Law Amendment Act 2024. These sweeping reforms, which came into effect on 10 June 2025, introduced a dedicated legal framework for companion animals—a new classification embedded within the Family Law Act 1975 (Cth)

Under the new law, courts must consider several factors when resolving disputes over pets:

• Day-to-day caregiving: who was responsible for feeding, walking, vet visits, and daily upkeep.
• Financial contribution: who paid for medical and ongoing expenses
• Attachment and bond: the relationship each party, or children, had with the pet
• Family violence or animal cruelty history: including violence between the parties or towards the animal
• Ability to care independently: the capacity of each party to provide for the animal’s future care
• Other relevant circumstances: anything else the court deems relevant to achieving a just and equitable outcome

Unlike arrangements involving children, the new law does not permit shared care arrangements for pets. The court is only able to:

• Award legal ownership to one person
• Order the sale of the pet if both parties agree to it
• transfer the animal to a consenting third party

This approach provides a clear resolution, avoiding prolonged disputes and instability for the animal.

These reforms mark a significant shift in Australian family law, aligning legal frameworks with societal values that treat pets as beloved members of the family.

If you share a pet and are separating, here’s what to keep in mind moving forward:

• Document caregiving: Keep a record of daily routines, vet visits, walks, feeding schedules, and costs.
• Contribute financially: Demonstrate your expenditure on pet care and upkeep.
• Consider emotional ties: Highlight any bond between your pet and yourself or your children.
• Have realistic expectations: The court won’t grant shared care, and it may be worth starting the discussion about what care of your pet will look like.

At Resolve Conflict, we offer expert advice on navigating this new and evolving area of law. If you require any additional information or assistance, please contact our professional team.